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West et al v. Abc Oil Company Inc et al

FIRST MOTION to Dismiss for Lack of Jurisdiction Amended Complaint

17 Cited authorities

  1. Northern Pipeline Co. v. Marathon Pipe Line Co.

    458 U.S. 50 (1982)   Cited 2,964 times   20 Legal Analyses
    Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

  2. Granfinanciera, S. A. v. Nordberg

    492 U.S. 33 (1989)   Cited 1,916 times   31 Legal Analyses
    Holding defendant to a preference action has a right to a jury trial pursuant to the Seventh Amendment of the United States Constitution, but that right can be waived by filing a claim in the bankruptcy proceedings

  3. Rogers v. Quiktrip Corp.

    2010 OK 3 (Okla. 2010)   Cited 70 times
    Noting "different provisions must be construed together to effect a harmonious whole and give intelligent effect to each"

  4. Munn v. Illinois

    94 U.S. 113 (1876)   Cited 948 times
    Upholding grain storage regulation as not violative of the, then relatively recent, Fourteenth Amendment to the United States constitution

  5. Ladra v. New Dominion, LLC

    2015 OK 53 (Okla. 2015)   Cited 12 times   3 Legal Analyses
    Explaining that motions to dismiss are reviewed de novo

  6. Tenneco Oil Co. v. El Paso Natural Gas Co.

    1984 OK 52 (Okla. 1984)   Cited 52 times
    Holding "that no private contract or operating agreement may cause or grant a license to commit waste, or diminish correlative rights, control of which is exclusively within power of the Corporation Commission"

  7. Samson Resources Co. v. Corporation Com'n

    1985 OK 31 (Okla. 1985)   Cited 39 times
    Holding the Commission did not have jurisdiction under the "correlative-rights" doctrine to resolve a dispute between private parties concerning the appointment of a new unit operator

  8. Amarex, Inc. v. Baker

    1982 OK 155 (Okla. 1983)   Cited 41 times
    In Amarex, Inc. v. Baker, 655 P.2d 1040 (Okla. 1982), the Oklahoma Supreme Court was presented with the precise issue faced by this court.

  9. Grayhorse Energy v. Crawley Petro

    245 P.3d 1249 (Okla. Civ. App. 2010)   Cited 6 times
    Holding that, although Oklahoma Corporation Commission has limited jurisdiction to resolve public rights in conservation of oil and gas, subject matter jurisdiction rests solely with district court to determine private rights in mineral interests and oil and gas leaseholds

  10. Meinders v. Johnson

    134 P.3d 858 (Okla. Civ. App. 2006)   Cited 8 times

    No. 99,981. November 2, 2005. Certiorari Denied April 3, 2006. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2. Appeal from the District Court of Garvin County, Oklahoma; Honorable Thomas S. Landrith, Judge. AFFIRMED. Frank D. Spiegelberg, John L. Randolph, Jr., Pray, Walker, Jackman, Williamson Marlar, Tulsa, OK, for Appellants. Allan DeVore, The DeVore Law Firm, P.C., Oklahoma City, OK, and Douglas E. Burns, Terry L. Stowers, Daniel W. Peyton, Burns Stowers

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 139 - Jurisdiction, powers and authority of Corporation Commission and Department of Environmental Quality

    Okla. Stat. tit. 52 § 139   Cited 19 times   1 Legal Analyses
    Dealing with jurisdiction and authority of certain state agencies

  13. Section 52 - Corporation Commission - Jurisdiction, power and authority - Environmental jurisdiction of Department of Environmental Quality

    Okla. Stat. tit. 17 § 52   Cited 11 times

    A. 1. Except as otherwise provided by this section, the Corporation Commission is hereby vested with exclusive jurisdiction, power and authority with reference to: a. the conservation of oil and gas, b. field operations for geologic and geophysical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells, c. the exploration, drilling, development, producing or processing for oil and gas on the lease site, d. the exploration, drilling, development

  14. Section 112 - Application to amend or modify orders - Hearing - Appeal

    Okla. Stat. tit. 52 § 112   Cited 4 times

    Any person affected by any legislative or administrative order of the Commission shall have the right at any time to apply to the Commission to repeal, amend, modify, or supplement the same. Such application shall be in writing and shall be heard as expeditiously as possible after notice of the hearing thereon shall have been given in the manner provided by Section 14 of this act. An appeal shall lie to the Supreme Court from any order made by the Commission in any such proceedings or from the refusal

  15. Section 239 - Common source of supply - Apportionment and regulation to prevent waste

    Okla. Stat. tit. 52 § 239   Cited 2 times

    Any person, firm or corporation, having the right to drill into and produce gas from any common source of supply, may take therefrom only such proportion of the natural gas that may be marketed without waste, as the natural flow of the well or wells owned or controlled by the person, firm or corporation bears to the total natural flow of such common source of supply having due regard to the acreage drained by each well, so as to prevent the person, firm or corporation securing any unfair proportion